2 U.S.C. § 1414 — Settlement

Page 344 TITLE 2—THE CONGRESS § 1409 § 1409. Judicial review of regulations In any proceeding brought under section 1407 or 1408 of this title in which the application of a regulation issued under this chapter is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5, except that with respect to regula- tions approved by a joint resolution under sec- tion 1384(c) of this title, only the provisions of section 706(2)(B) of title 5 shall apply. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to im- plement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regu- lations issued under this chapter is not subject to judicial review. (Pub. L. 104–1, title IV, § 409, Jan. 23, 1995, 109 Stat. 37.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. § 1410. Other judicial review prohibited Except as expressly authorized by sections 1407, 1408, and 1409 of this title, the compliance or noncompliance with the provisions of this chapter and any action taken pursuant to this chapter shall not be subject to judicial review. (Pub. L. 104–1, title IV, § 410, Jan. 23, 1995, 109 Stat. 37.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. § 1411. Effect of failure to issue regulations In any proceeding under section 1405, 1406, 1407, or 1408 of this title, except a proceeding to enforce section 1351 of this title with respect to offices listed under section 1351(e)(2) of this title, if the Board has not issued a regulation on a matter for which this chapter requires a regu- lation to be issued, the hearing officer, Board, or court, as the case may be, shall apply, to the ex- tent necessary and appropriate, the most rel- evant substantive executive agency regulation promulgated to implement the statutory provi- sion at issue in the proceeding. (Pub. L. 104–1, title IV, § 411, Jan. 23, 1995, 109 Stat. 37.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. § 1412. Expedited review of certain appeals (a) In general An appeal may be taken directly to the Su- preme Court of the United States from any in- terlocutory or final judgment, decree, or order of a court upon the constitutionality of any pro- vision of this chapter. (b) Jurisdiction The Supreme Court shall, if it has not pre- viously ruled on the question, accept jurisdic- tion over the appeal referred to in subsection (a), advance the appeal on the docket, and expe- dite the appeal to the greatest extent possible. (Pub. L. 104–1, title IV, § 412, Jan. 23, 1995, 109 Stat. 38.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. § 1413. Privileges and immunities The authorization to bring judicial pro- ceedings under sections 1405(f)(3), 1407, and 1408 of this title shall not constitute a waiver of sov- ereign immunity for any other purpose, or of the privileges of any Senator or Member of the House of Representatives under article I, section 6, clause 1, of the Constitution, or a waiver of any power of either the Senate or the House of Representatives under the Constitution, includ- ing under article I, section 5, clause 3, or under the rules of either House relating to records and information within its jurisdiction. (Pub. L. 104–1, title IV, § 413, Jan. 23, 1995, 109 Stat. 38.) § 1414. Settlement Any settlement entered into by the parties to a process described in section 1331, 1341, 1351, or 1401 of this title shall be in writing and not be- come effective unless it is approved by the Exec- utive Director. Nothing in this chapter shall af- fect the power of the Senate and the House of Representatives, respectively, to establish rules governing the process by which a settlement may be entered into by such House or by any employing office of such House. (Pub. L. 104–1, title IV, § 414, Jan. 23, 1995, 109 Stat. 38; Pub. L. 115–397, title I, § 103(f), Dec. 21, 2018, 132 Stat. 5305.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Page 345 TITLE 2—THE CONGRESS § 1415 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. AMENDMENTS 2018—Pub. L. 115–397 struck out ‘‘of complaints’’ after ‘‘Settlement’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title. § 1415. Payments (a) Awards and settlements Except as provided in subsection (c), only funds which are appropriated to an account of the Office in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settle- ments under this chapter. There are appro- priated for such account such sums as may be necessary to pay such awards and settlements. Funds in the account are not available for awards and settlements involving the Govern- ment Accountability Office or the Government Publishing Office. (b) Compliance Except as provided in subsection (c), there are authorized to be appropriated such sums as may be necessary for administrative, personnel, and similar expenses of employing offices which are needed to comply with this chapter. (c) OSHA, accommodation, and access require- ments Funds to correct violations of section 1311(a)(3), 1331, or 1341 of this title may be paid only from funds appropriated to the employing office or entity responsible for correcting such violations. There are authorized to be appro- priated such sums as may be necessary for such funds. (d) Reimbursement by Members of Congress of amounts paid as settlements and awards (1) Reimbursement required for certain viola- tions (A) In general Subject to subparagraphs (B) and (D), if a payment is made from the account described in subsection (a) for an award or settlement in connection with a claim alleging a viola- tion described in subparagraph (C) com- mitted personally by an individual who, at the time of committing the violation, was a Member of the House of Representatives (in- cluding a Delegate or Resident Commis- sioner to the Congress) or a Senator, the in- dividual shall reimburse the account for the amount of the award or settlement for the claim involved. (B) Conditions In the case of an award made pursuant to a decision of a hearing officer under section 1405 of this title, or a court in a civil action, subparagraph (A) shall apply only if the hearing officer or court makes a separate finding that a violation described in sub- paragraph (C) occurred which was com- mitted personally by an individual who, at the time of committing the violation, was a Member of the House of Representatives (in- cluding a Delegate or Resident Commis- sioner to the Congress) or a Senator, and such individual shall reimburse the account for the amount of compensatory damages in- cluded in the award as would be available if awarded under section 1981a(b)(3) of title 42 irrespective of the size of the employing of- fice. In the case of a settlement for a claim described in section 1416(d)(3) of this title, subparagraph (A) shall apply only if the con- ditions specified in section 1416(d)(3) of this title for requesting reimbursement are met. (C) Violations described A violation described in this subparagraph is— (i) harassment that is unlawful under section 1311(a) or 1316(a) of this title; or (ii) intimidation, reprisal, or discrimina- tion that is unlawful under section 1317 of this title and is taken against a covered employee because of a claim alleging a violation described in clause (i). (D) Multiple claims If an award or settlement is made for mul- tiple claims, some of which do not require reimbursement under this subsection, the individual described in subparagraph (A) shall only be required to reimburse for the amount (referred to in this chapter as the ‘‘reimbursable portion’’) that is— (i) described in subparagraph (A), subject to subparagraph (B); and (ii) included in the portion of the award or settlement attributable to a claim re- quiring reimbursement. (2) Withholding amounts from compensation (A) Establishment of timetable and proce- dures by committees For purposes of carrying out subparagraph (B), the applicable Committee shall estab- lish a timetable and procedures for the with- holding of amounts from the compensation of an individual who is a Member of the House of Representatives or a Senator. (B) Deadline The payroll administrator shall withhold from an individual’s compensation and transfer to the account described in sub- section (a) (after making any deposit re- quired under section 8432(f) of title 5) such amounts as may be necessary to reimburse the account described in subsection (a) for the reimbursable portion of the award or settlement described in paragraph (1) if the individual has not reimbursed the account as required under paragraph (1) prior to the expiration of the 90-day period which begins on the date a payment is made from the ac- count for such an award or settlement.